About The Handling Of Rough Diamonds And On The Conditions For Their Importation

Original Language Title: o nakládání se surovými diamanty a o podmínkách jejich dovozu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=56136&nr=440~2F2003~20Sb.&ft=txt

440/2003 Coll.



LAW



of 3 July 2003. December 2003



about the handling of rough diamonds, on the conditions of their import, export and

transit and on amendments to certain laws



Change: 60/2005 Sb.



Change: 413/2005 Sb.



Change: 70/2006 Sb.



Modified: 296/2007 Sb.



Change: 124/2008 Sb.



Change: 254/2008 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Change: 187/2011 Sb.



Modified: 18/2012 Sb.



Change: 308/2013 Coll. 344/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



DEALING IN ROUGH DIAMONDS, AND THE CONDITIONS FOR THEIR IMPORT, EXPORT AND

TRANSIT



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



This Act regulates the handling of rough diamonds, the conditions for their

import, export and transit and lays down the conditions for the implementation of certification,

accounting for and control of rough diamonds (hereinafter referred to as "the Kimberley process system

certification ") to the extent provided for by Council Regulation (EC) No 2368/2002 of

on 20 April. December 2002 implementing the Kimberley process system

certification for the international trade in rough diamonds (hereinafter referred to as

"the regulation").



the title launched



§ 2



Definition of terms



For the purposes of this Act, means the



a) ^ 1) mailbox container resistant to breaches, opatřitelná seal

against unauthorised opening,



(b)) handling of rough diamonds of any treatment in rough

diamonds, that are not closed in the intact container equipped with a

seal,



(c) the Secretariat of the authority responsible for the participants) ^ 1a) through the coordination of the Kimberley process

certification scheme for rough diamonds,



d) conclusive evidence



1. the certificate or his authorized copies, issued by the competent

authority, which imports accompanied the rough diamonds for which a

required to issue a certificate of the European Communities (hereinafter referred to as

"The community") ^ 1b) (hereinafter referred to as the "certificate"),



2. the invoice or other document from which are obvious data

the seller, or the deceased donor and the licensee of rough diamonds, and from

implies that exported the rough diamonds for which is required

a certificate from the community, are located on the territory of the community

According to the principles of the Kimberley Process certification scheme, ^ 1b)



3. document confirming the certification of inventory, where applicable, article 15(d).

6 of regulation, ^ 1b) or



4. a written declaration under art. 13 of regulation,



(e) the Directorate-General Directorate of customs duties),



(f) the designated Office the Customs Office) Prague-Ruzyně Airport,



(g)) the competent customs officer or employee of the Directorate of civil employee

who works at the Directorate and performs tasks in system of certification of rough

diamonds,



(h)) to the competent authority a customs officer or employee of the civil employee who

works in the specified authority and who shall perform the tasks in the certification scheme

rough diamonds.



§ 3



cancelled



TITLE II



THE COMPETENT AUTHORITY OF THE CZECH REPUBLIC, ITS ORGANISATION AND TASKS



§ 4



(1) the competent authority of the community ^ 2) is a Directorate.



(2) the Directorate in carrying out tasks pursuant to this Act and the regulations

cooperates with the European Commission, the competent foreign authorities,

the authorities of other States responsible for carrying out the tasks within

system of certification of rough diamonds, the Secretariat and international

organisations with responsibilities in relation to the system of certification of rough

diamonds, and provides them with information to which the Czech Republic

committed to.



(3) if the Directorate or the designated Office of the fact

justifying the suspicion of financing of organised crime or

terrorism, communicate them immediately to the police of the Czech Republic (hereinafter referred to as

"The police"), and the intelligence services of the Czech Republic (hereinafter referred to as

"intelligence services"). ^ 2a)



(4) the police and intelligence services Directorate and the designated

the Customs Office in the performance of their responsibilities under this Act, and

Regulation with the necessary information; This does not apply where disclosure of the

information would jeopardize the interests pursued by the police or the relevant

Intelligence Agency.



§ 5



Directorate



and) checks and confirms the authenticity of the certificate upon importation; confirmation

the authenticity of the certificate is a public document,



(b)) on the export of a Community certificate issued, which is a public

the Charter,



c) compares the contents of the shipment with the information in the certificate, in the form of physical

controls, including the determination of the physico-chemical properties of rough

diamonds necessary for their identification,



(d)) to determine whether the numeric value of the activity of rough diamonds does not exceed

value allowed by special legislation, ^ 3)



(e) documentation of the shipment) and its contents,



(f) evidence of) the import, export and transit of rough diamonds,

the registration of persons (sections 28 and 29), concerning the annual reports (§ 32),

controls and their results (para. 33), on persons who have been saved

penalties for violation of this Act or the regulations, and on the persons who

have infringed the principles of Kimberley Process certification scheme for rough diamonds and

This fact was officially communicated to the competent authority of the Directorate; for

the purposes of the registration processes personal data without the consent of the competent

people, ^ 3a)



g) evaluates data concerning the handling of rough diamonds.



§ 6



Obligation of professional secrecy



(1) the operator and the competent Directorate of the worker of the Office are

secrecy about what is in their activities or in

connection with the learned, in particular about the situation of persons working with

rough diamonds as personal, as well as related to their

business activities. The Directorate and the Office of the

they are committed to the obligation of professional secrecy pursuant to this Act and the

After the end of the exercise of their activities.



(2) the operator and the competent Directorate of the worker of the Office are

required information obtained during its activities to provide, at the request

the Administrative Department and the Court is hearing the appeal, the authority

If the management of the estate, if insolvency proceedings for persons

storage handling in rough diamonds, the proposal being discussed by the tax administrator,

by seeking the ineffectiveness of legal proceedings the person loading the

rough diamonds or procedure regarding tax liens.



(3) confidentiality obligations may be competent worker

Directorate and the competent worker shall be released from Office by the person using the

rough diamonds only in writing, with an indication of the scope and purpose.



(4) the obligation to maintain confidentiality shall not apply



and) against the Supreme authority, if done in the scope of its

permissions checking according to the approved plan audit activities, ^ 4)



(b) this) if it is in criminal proceedings should be for proper clarification

circumstances indicating that a crime has been committed,



(c) appropriate organizational folder) to the Ministry of finance, if required

data on the basis of a specific legislation on combating the legalization of

the proceeds of crime or of a specific legislation on the implementation of

international sanctions in order to maintain international peace and

safety, the protection of fundamental human rights and the fight against terrorism,



(d) the Supreme Public Prosecutor's Office) when it performs the investigation to

determine the conditions of an action against the decision of the administrative authority referred to in

a special law,



(e)) against the police and the intelligence services under the conditions laid down in paragraph 4 of the

paragraph. 3.



(5) for the breach of confidentiality obligations and the use of

the information obtained in the performance of tasks in system of certification of rough

diamonds or in connection with the negotiations for the benefit of the person

owing to this obligation or to persons and or other conduct which

would cause someone harm.



(6) the operator and the competent Directorate of the worker of the Office may

When the scientific pedagogical activities, publication and use the information in the

anonymised form.



(7) the obligation to maintain confidentiality on classified information according to the

specific legislation is not this ^ 5a) Act.



(8) the obligation to maintain secrecy does not apply also to Community institutions

The community, which shall carry out the tasks related to the implementation of the Kimberley process

the certification scheme.



TITLE III



THE RELEASE OF ROUGH DIAMONDS UNDER A CUSTOMS PROCEDURE



§ 7



^ 6) Declaration on the release of rough diamonds into the customs

^ 6a mode) ^ 7) the declarant, in writing or through a device

for the processing of data for the specified Customs Office, unless otherwise provided by this law

or regulation. At the same time as the customs declaration the declarant shall be obliged to

submit a consignment to the designated customs office. The declarant shall bear the

the costs and risk of transport of the consignment to the Customs office specified by the.



Imports



§ 8



(1) the customs control ^ 8) performs the specified Customs Office, unless otherwise provided by this law

or regulation.



(2) the designated customs office to check the accuracy and completeness of the accepted customs

statement.



(3) since the time of presentation of the consignment to the Customs office specified in the release

the decision in this consignment to the customs control is under the direct control of the customs.



§ 9



(1) the rough diamonds that do not have Community status of the goods), ^ 8a

return to the territory of the Czech Republic



and by air only on selected) international community airport

Prague-Ruzyne Airport are, airport Brno-Tuřany airport


Ostrava-Mošnov, or



(b) postal transport.)



(2) the person who brought the postal shipments of rough diamonds or

Airmail to selected international airport, is obliged to immediately

submit to the designated customs office. This does not apply if the rough diamonds

transported to a place that is located in the territorial scope of the different customs

the Office.



(3) if the rough diamonds Are transported to a place that is located in the

the territorial scope of a Customs Office, shall be submitted without delay to the

Authority (hereinafter referred to as "the selected Office").



(4) the selected Customs Office at the entrance of the rough diamonds in the Czech

the Republic checks whether the consignment is accompanied by a certificate

checks the integrity of the container and its conclusions, accompanied by the container

its a Customs seal and shall release the shipment in transit. The Customs Office of

destination is specified by the Customs Office.



(5) if the consignment is not accompanied by a certificate or, if the container or

his seal is broken, the Customs Office will not open the selected shipment, performs

documentation of damage and writes about the official record. The selected Customs Office

accompanied by his Customs seal and will carry the shipment under the direct supervision of,

at the expense of the declarant to the designated customs office.



(6) the selected Customs Office shall immediately notify the entry particulars of

consignment to the designated customs office and headquarters.



(7) the rough diamonds that do not have community status of the goods transported

on the territory of the United States than other mode of transport referred to in paragraph

1, must be submitted to the designated customs office.



§ 10



(1) the operator and the competent Directorate of the worker of the Office

together when the presentation of the consignment examined the status of the container and its

the conclusions and consequently open the container and each package contained therein.



(2) the declarant has the right to be present at the inspection of the container, and

his conclusions and then open each package.



§ 11



the title launched



(1) the control of compliance of imported rough diamonds with a certificate that

It is accompanied by the Directorate, will launch the opening of the container.



(2) during the proceedings referred to in paragraph 1, the customs proceedings.



(3) the competent Directorate-worker checks the authenticity and validity of the

certificate, and compares the contents of the consignment with the particulars in the certificate.



§ 12



Are subject to the conditions laid down by law, regulation and the specific

legislation, ^ 9) shall issue a Customs office specified by the decision establishing the

rough diamonds be released into the proposed customs procedure.



The export of



section 13 of the



the title launched



(1) the designated customs office to check the accuracy and completeness of the accepted customs

Declaration for export.



(2) following the initiation of the customs control shall check the

the Office of the Directorate and presented by the container, raw

diamonds, conclusive evidence pursuant to section 2 (a). (d)), and that the declarant stated

all the data required to issue a certificate of the community.



(3) the declarant shall have the right to be present during the inspection referred to in paragraph 2.



§ 14



(1) a certificate from the management of the community's relevant

the Directorate.



(2) the proceedings referred to in paragraph 1 is initiated as soon as the Directorate takes over

container, rough diamonds, hard evidence and data necessary to

a certificate is issued in the community.



(3) during the proceedings referred to in paragraph 1, the customs proceedings.



(4) the operator checks whether the Directorate of the declarant has provided

conclusive evidence pursuant to section 2 (a). (d)), and the correct and complete information needed to

a certificate is issued, that the declarant, presented by the community

container corresponds to the transport of rough diamonds under this Act, and

Regulation, and performs the comparison presented by the rough diamonds with the data

referred to by the declarant, including their approximate current rates.



§ 15



(1) the operator and the competent Directorate of the Office of worker inserts

together with the authorized copies of the Community certificate to the container

rough diamonds or packages that contain them, and must affix the container

seal. The community receives a certificate of the declarant.



(2) the declarant has the right to be present when you paste content into a container and

his measures seal.



section 16 of the



(1) only the designated customs office is entitled to when the conditions

laid down by law, regulation, and special legislation ^ 9)

lay off the rough diamonds to the export procedure.



(2) a person that have been released for the export of rough diamonds, is required to

provide at his own expense and risk of their arrival on the output

the Customs Office in the community, which is approved by the designated customs office.

The designated customs office shall set a deadline for the submission of the consignment to the output

the Customs Office, the route and the mode of transportation of the consignment. The shipment is for

transport under customs supervision.



(3) if the rough diamonds placed in exports to leave the territory

Community from a place on the territory of the Czech Republic, it must

get off only at a designated customs office or at the Office, in whose

the territorial scope of the selected international airports are listed in section

9. 1.



(4) the Customs Office referred to in paragraph 3, it checks the integrity of the container

and his conclusions, and checks whether the consignment is accompanied by a certificate of

According to the regulation. If the container or the seals are broken, or consignment

It is not accompanied by a certificate in accordance with regulation, the selected Customs Office

the shipment doesn't open, carry out documentation of the status of the consignment, including documents,

that accompany it, and writes about the official record shall affix their shipment

Customs seal, and under the direct supervision of, at the expense of the declarant, it

sends the specified Customs Office. Specified by the Customs Office and the headquarters of the

the shipment loaded appropriately according to the provisions of § 13 to 16 and paragraph 1

up to 3.



(5) the Customs Office referred to in paragraph 3 shall immediately notify the output and shipments

all information specified on the consignment to the Customs Office and the Directorate.



§ 17



cancelled



section 18



cancelled



§ 19



cancelled



TITLE IV



TRANSIT OF ROUGH DIAMONDS



section 20



(1) the rough diamonds can be released for the customs procedure of the external

transit ^ 10) only at the Customs Office referred to in § 16 para. 3.



(2) if the rough diamonds in the territory of the Czech Republic to a customs

the Office than indicated in paragraph 1 shall be transported in transit

the designated customs office. In justified cases, in particular where there is a

the risk that the rough diamonds can escape customs supervision, or

otherwise endanger the basic objectives of the Kimberley Process certification scheme, shall ensure

the transport of the consignment to the Customs office designated by the Customs Office under the direct customs

supervision, at the expense of the declarant.



(3) the Customs Office checks the integrity of the container and its conclusions and

checks whether the consignment is accompanied by the certificate referred to in regulation.

If the container or the seals are broken, or not

accompanied by a certificate in accordance with the regulation, the Customs Office of the shipment does not open,

does the documentation status of the consignment, including documents that it

accompany, and writes about the official record. The Customs Office shall affix a shipment

its customs seal, and under the direct supervision of, the cost of the her

the declarant shall transport the designated customs office. The designated customs office and

the Directorate with the shipment loaded appropriately in accordance with title III.



section 21



cancelled



the title launched



section 22



cancelled



Article 23 of the



cancelled



the title launched



section 24



cancelled



§ 25



cancelled



section 26



The common transit regime



(1) only the Customs authorities referred to in § 16 para. 3 are subject to conditions

laid down by law, regulation, and special legislation ^ 9)

entitled to dismiss the rough diamonds under the customs procedure of the common

transit. ^ 10a) Transit customs offices on the territory of the Czech Republic

transport shipments of rough diamonds in the common mode of transit are

the Customs authorities referred to in § 16 para. 3.



(2) the Customs Office of departure when the release of rough diamonds to the mode

common transit ^ 10a) checks the integrity of the container and its

the conclusions shall be accompanied by the container its customs seal, shall provide for

arrival of the consignment to the Customs Office of destination and the conditions are met.

established by special legislation, ^ 9) shall release the shipment to the mode

the common transit procedure. Customs Office of exit, the Customs Office is selected.



(3) if the container or the seals are broken, the Customs Office of departure

the consignment to the proposed transit releases, shipment will not open and

report, including documenting the damage.



(4) the Customs Office referred to in § 16 para. 3 notify immediately all the information about the

the consignment and its release or not releasing the procedure

the Directorate.



(5) the Customs Office referred to in § 16 para. 3, for which the shipment of rough

diamonds in connection with a change of State borders of

The community, checks the integrity of the container, its findings and, if

This is without prejudice to the provisions of the special legal regulation, ^ 9) will enable

the removal of goods from the community.



(6) if the container or the seals are broken, the output of the selected tariff

the Office will not open the shipment and draws up a Protocol including the documentation

damage. The Customs Office referred to in § 16 para. 3 shall affix Customs shipment

seal and under customs control at the expense of the declarant, it sends the specified

the Customs Office. This does not apply when the Customs office designated by the customs


the Office. The designated customs office, and the Directorate on the consignment loaded

mutatis mutandis in accordance with title III.



(7) the Customs Office referred to in § 16 para. 3 shall immediately notify the full details of the

the consignment and its exit from the territory of the Czech Republic in the common mode

the transit of the Directorate.



(8) the transit customs office where the shipment of rough diamonds in the

connection with a change of State borders enters the territory of the Czech

States in the common mode of transit, it checks the integrity of the

the container, its conclusions, and are subject to the conditions laid down in a special

by law, to enter ^ 9) shipments in the Czech Republic and

continuation of transit.



(9) if the container or the seals are broken, the Customs Office of transit

the shipment doesn't open, carry out documentation of the status of the consignment, including documents,

that accompany it, and writes about the official record. Transit customs

Office shipment its customs seal, and under the direct supervision of, it

at the expense of the declarant submits a designated customs office. This does not apply if the

transit customs office designated by the Customs Office. The designated customs office and

the Directorate further with the shipment loaded appropriately in accordance with title III.



(10) the Customs Office of transit shall immediately notify all the details of the consignment, and

the pass phrase or nevpuštění on the territory of the Czech Republic in the mode

the common transit procedure.



TITLE V OF THE



REGISTRATION



section 27 of the



General registration



(1) persons who are engaged in rough diamonds, are required to

Register.



(2) the request of the natural person who is not an entrepreneur, about general registration

contains



and) name,



(b)) date of birth, and



(c)) of the Czech Republic for State citizens ' place of residence on the territory of the

The United States, at the place of residence of foreigners on the territory of the Czech Republic,

or is habitually resident in the territory or outside the territory of the community. ^ 10b)



(3) the request of the natural person who is an entrepreneur, about general registration

contains



and) the name or business name,



(b)) date of birth,



(c)) of the Czech Republic for State citizens ' place of residence on the territory of the

The United States, at the place of residence of foreigners on the territory of the Czech Republic,

where applicable, the normal place of residence in the territory or outside the territory of the community, of ^ 10b)



(d) the identification number of the person)



e) registered office, permanent establishment or branch or other organizational folder

the business establishment, if established, and



(f)) for foreign natural persons, the location of the branch or other organizational

components of the business establishment, if established.



(4) the application of the legal entity of the General registration includes



a) trade name or its name,



(b) the identification number of the person and)



(c) the registered office, Central Headquarters), a permanent establishment or branch office or other

Business organizational unit of the plant, if established.



(5) in proceedings for general registration is the natural person shall demonstrate their

the identity and nationality or country of residence valid document. Person

the applicant for a marketing authorisation shall be responsible for the correctness and truthfulness of the data

referred to in the application for registration and for the authenticity of the documents submitted.



(6) a person who is an employee, with the obligation to register for

handling of rough diamonds in the performance of its working

the duty does not apply and for the handling of rough diamonds corresponds to

the employer.



(7) General registration there is no permission to dispose of the rough diamonds

in the manner specified in § 28 para. 1.



section 28



Special registration



(1) in addition to the General Register pursuant to § 27 a person must have equipment for loading is

rough diamonds in a way that includes the import, export, trade, or

processing of rough diamonds for the purpose of business, special registration.



(2) the person applying for the special registration shall submit the registration document

According to § 27 a further extract from the commercial register not older than 1 month or

certified copy of trade license or another document that

It entitles the Community territory, the business activities listed in

paragraph 1, not older than 1 month. The person applying for the special registration

is responsible for the correctness and truthfulness of the data referred to in the application for

the registration and for the authenticity of the documents submitted.



(3) a person applying for a special registration cannot be registered if it has been

at the time of 3 years before the application for registration of the sentenced for an intentional

the crime of property if it does not look as if it has not been

convicted of, or granted to it under sanctions for serious or repeated

offences against customs or tax legislation, this Act or the regulations,

or if that person has violated the principles of the Kimberley process system

certification of rough diamonds, and this fact has been designated by the customs

the Office or headquarters officially notified to the other competent authority.



(4) for the purpose of assessing the integrity of a person for the purposes of the Special

specified by the Customs Office's registration requests the extract from the register Index

penalties under special legislation ^ 10 c). Extradition request listing

of convictions and an extract from the criminal register with

to be transmitted in electronic form, in a manner allowing remote

access.



(5) for serious infringement of customs or tax laws, this law

or regulation referred to in paragraph 3 shall be deemed such action, for which the

the person has been lawfully convicted of a crime, or for which it has been

Finally a fine in the amount of at least 250 000 CZK.



(6) For repeated infringement of customs or tax laws, this law

or regulation referred to in paragraph 3 shall be deemed a violation of any of these

legislation at the time of up to 3 years from the decision, which

It was the same person for infringement of customs or tax legislation or of this

the Act imposed a fine of at least $ 50,000.



(7) the special registration does not replace the trade licence issued under

special legislation. ^ 11)



section 29



(1) an application for General and special registration shall be made in writing on the specified

the Customs Office.



(2) an application for General and special registration may be filed at the same time.



(3) if the applicant complies with the conditions set out in section 27 or section 28, specified by the

the Customs Office shall register, otherwise, the application will be rejected.



(4) any changes to the information listed in the registration is a registered person

shall, within 15 days from their creation in writing of the intended customs

the Office.



(5) if the designated customs office, a person registered under section 28 of the already

does not meet the conditions laid down, the registration decision.



(6) If a person ceases to dispose of the rough diamonds, may in writing

the designated customs office to apply for cancellation of the registration.



TITLE VI OF THE



REGISTRATION AND CONTROL



section 30



Each purchase and sale, as well as other transfer of rough diamonds must be

accompanied by an accompanying document, from which it is clear the data on

the seller, the donor or deceased and acquirer of rough diamonds

and the numbers of all certificates that accompanied the rough diamonds

When you import.



section 31



(1) a person who disposes of rough diamonds, is obliged to keep their

the registration of. This database contains information about the change of ownership of a

rough diamonds under section 30 and details for the determination of rough diamonds,

in particular, the



and) the name and address or trade name or its name and registered office

the seller, darujícího, of the testator or the transferee, and the number of its

registration, if it is registered,



(b) the name of the item and the item) of the customs tariff,



(c)) the quantity in carats (ct),



(d)) numbers of all certificates that accompanied the rough diamonds in the

imports, or the number of the document confirming the certification of inventory,



(e)) the purpose of the use of goods and



(f) the date of transfer).



(2) the Evidence led by the person who disposes of rough diamonds so that

It is worked on or handles on a product, in addition to the data referred to in

paragraph 1 also contains data on the quantity and quality

characteristics of rough diamonds, the name of the processed goods and

the items of the customs tariff, the quantity and the quality of the machined and

processed diamonds and of waste resulting from the processing.



(3) a person who keeps records in accordance with paragraph 1 or paragraph 2,

is required to keep it for at least 10 years from the end of the calendar year in

which data has been changed.



(4) at the invitation of the designated customs office or the Directorate shall submit to a person

led by a record referred to in paragraph 1 or paragraph 2, including the documents,

from which the required data are obvious.



(5) a person who keeps records in accordance with paragraph 1 or 2, shall be responsible for

accuracy of the information held within it.



§ 32



(1) a person who disposes of rough diamonds so that its activities

includes import, export, trade in, or processing of rough diamonds, it is

required to submit to the Directorate before 31 December. March of each year for the past

calendar year annual reports on the handling of rough diamonds (hereinafter referred to as

"annual report"), which contains data from the registers kept under section 31.



(2) the annual reports can be effectively only submit a form issued by the

Headquarters or on the computer reports that have data, content and

the arrangement of data completely identical with a form issued by the Directorate.

Part of the annual report are indicated in the relevant

form.



(3) the annual reports of the specimen provides for the Ministry of finance

an implementing regulation.



§ 33




Control of the Kimberley Process certification scheme is carried along the

the worker and the competent Directorate of the worker of the Office.



TITLE VII



ADMINISTRATIVE OFFENCES



§ 34



Misdemeanors



(1) a natural person has committed the offence by



and imports, export or) transported in transit the rough diamonds in the

contrary to regulation,



(b)) shall be treated in rough diamonds without a general registration in violation of § 27

paragraph. 1,



c) in contravention of section 27 para. 5 shall be given in the application for registration is incorrect or

false information or for the purpose of registration shall submit false or

the amended documents,



(d)) in violation of § 31 para. 4 do not submit records of rough diamonds or

related documents or records containing incorrect data

or false or falsified documents,



e) contrary to section 31 does not keep records of rough diamonds or in the register

does the information stipulated by the law, or



(f)) does not submit an annual report within the deadline referred to in section 32.



(2) for the offense can be saved



and the fine to 1 000 000 Czk) or the forfeiture of things with respect to transgression

referred to in paragraph 1 (b). a) to (c)),



(b) a fine of up to 100 000) Eur, if the offence referred to in paragraph 1 (b). (d))

to (f)).



§ 35



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal and entrepreneurial natural person has committed the administrative offence

by



and imports, export or) transported in transit the rough diamonds in the

contrary to regulation,



(b)) shall be treated in rough diamonds without the General or special registration in the

contrary to section 27 para. 1 and § 28 para. 1,



c) in contravention of section 27 para. 5 or § 28 para. 2 shall indicate in the request for

the registration is incorrect or false information, or for the purposes of the registration of

submit false or altered documents,



(d)) in violation of § 31 para. 4 do not submit records of rough diamonds or

related documents or records containing incorrect data

or false or falsified documents,



e) contrary to section 31 does not keep records of rough diamonds or in the register

does the information stipulated by the law, or



(f)) does not submit an annual report within the deadline referred to in section 32.



(2) the administrative offences of legal persons or entrepreneurial natural persons

will be saved to the fine



and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). and)

or (b)),



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)),



c) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). d) to (f)).



(3) for the administrative offences law or entrepreneurial natural persons can be

separately or together with a fine save confiscation, if the thing

belongs to the perpetrator of the administrative offense and was



and) for committing an administrative offense taken, or



(b) an administrative crime obtained or) acquired as a matter of administrative tort

obtained.



(4) the confiscation cannot be saved, if the value of the case in a prominent

disproportionate to the nature of the administrative offense.



(5) the owner of a forfeited things becomes a State.



section 36



Prevents things



(1) If no saved confiscation pursuant to § 34 paragraph 1. 2 or § 35

paragraph. 3, can decide that the thing works, if



a) belongs to a legal entity or a natural person-entrepreneur, that cannot be

the offences under section 35 para. 1 to prosecute,



(b)) does not belong to the legal entity or natural person-entrepreneur, which was

the offences under section 35 para. 1 affected, or it does not belong

completely,



(c) a natural person) belongs, that cannot be considered an offence under section 34

paragraph. 1 to prosecute,



(d)) does not belong to a natural person, which was for an offence under section 34

paragraph. 1 affected, or does not belong to her completely.



(2) prevents the things you cannot decide after the expiration of 6 years from committing

the administrative offense under § 34 paragraph 1. 1 or § 35 para. 1.



(3) the owner of the seized things becomes a State.



§ 37



Common provisions



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of

liability and sanctions legal persons.



(4) administrative offences under this law in the first instance hearing

the designated customs office.



(5) the responsibility for the administrative offence under this Act shall cease to exist if the

proceedings were not commenced within 1 year from the date on which the specified

the Customs Office finds out, but not later than 6 years after the date on which the criminal offence

has occurred.



(6) the penalty is due within 30 days of the effective date of the decision,

in which it was stored.



TITLE VIII



PROVISIONS COMMON, TRANSITIONAL AND FINAL



Common provisions



§ 38



cancelled



§ 39



cancelled



section 40



cancelled



§ 41



Reimbursement of costs



The Customs Office will save the declarant to pay costs pursuant to § 9

paragraph. 4, § 17 para. 4, section 20 (2). 2 and 3 and section 26 para. 6 and 9. The declarant

is obliged to pay the cost, within 30 days from the date of acquisition of legal power

the decision to hold them.



the title launched



§ 42



cancelled



§ 43



cancelled



§ 44



cancelled



§ 45



cancelled



PART TWO



cancelled



§ 46



cancelled



PART THREE



cancelled



§ 47



cancelled



PART FOUR



The EFFECTIVENESS of the



§ 48



This Act shall take effect on the 15th day following its publication.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.



Annex



Certificate of the Czech Republic



1. the model of the certificate of the Czech Republic.



2. Neutajovanými the safety features of the certificate of the Czech Republic are



(a) Offset colors shining in the UV spectrum in yellow and red,



(b) two text colors (white and IR-IR-metamerism black),



(c) photogravure frame with latent image effect, and



(d) irisový the color gradient.



Selected provisions of the novel



Article II law 60/2005 Sb.



Transitional provisions



Certificates issued before the date of entry into force of this Act shall be

be considered as certificates issued under this Act.



Article. (II) Act No. 187/2006.



Transitional provision



Proceedings for administrative offences pursuant to Act No. 441/2003 Coll., as amended by

amended, which began before the date of entry into force of this Act

and to this day hedge contingent exposures, completes, and the rights and obligations with him

related are assessed according to law No. 441/2003 Coll., in the version in force

to the effective date of this Act, unless the legislation referred to in

Act No. 440/2003 Coll., in the version in force from the date of entry into force of

This law, for a person who has committed an administrative offence,

more favourable.



Article. Statutory LVIII measures no 344/Sb.



Transitional provisions



Unless otherwise specified, relate to the facts, conditions, relationships,

bodies, subjects, the rights and obligations of private law under the legislation

regulations effective before the date of entry into force of the legal measures

The Senate, after the date of entry into force of the legal measures the Senate the same

the provisions of Act No. 441/2003 Coll., in the version in force from the date of acquisition

the effectiveness of legal measures in the Senate, as a fact,

conditions, relationships, entities, objects, rights and obligations of private law

According to the law effective from the date of entry into force of this

the legal measures of the Chamber, which they are, by their nature and purpose

the nearest.



1) Article. 3 (b). b) Council Regulation (EC) No 2368/2002 of 20 December 2002. December

2002 implementing the Kimberley Process certification scheme for the international

trade in rough diamonds.



1A) Article. 12 (a). c) Council Regulation (EC) No 2368/2002.



1B) article 12 of Council Regulation (EC) No 2368/2002.



2) article 19 of Council Regulation (EC) No 2368/2002.



2A) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic,

in the wording of later regulations.



3) Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended. Decree No 307/2002 Coll., on

radiation protection.



3A) § 5 para. 2 (a). a) of Act No. 101/2000 Coll., on the protection of personal

data and on amendment to certain laws.



4) Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by

amended.



5A) Act No. 412/2005 Coll., on the protection of classified information and on the

Security eligibility.



6) Article. 4 (4). 17 of Council Regulation (EEC) No 2913/1992 of 12 October. October

1992 establishing the Community customs code.



6a) Article. 4 (4). Council Regulation (EEC) No 2913/1992.



7) Article. 4 (4). 18 Council Regulation (EEC) No 2913/1992.



8) article 37 and following of Council Regulation (EEC) No 2913/1992.



8A) Article. 4 (4). 6 Council Regulation (EEC) No 2913/1992.



9) Council Regulation (EEC) No 2913/1992.



10) article 91 and following of Council Regulation (EEC) No 2913/1992.



10A) Council decision (EEC) no 413/87 of 15 December 1999. June 1987 on the

the conclusion of the Convention between the European Community, the Republic of Austria,

The Republic of Finland, the Republic of Iceland, the Kingdom of Norway,

The Kingdom of Sweden and the Swiss Confederation on a common transit

the scheme, as amended.



10B) article 3 of Council Regulation (EEC) 2913/1992.




10 c) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



11) Trade Act.



14) Council Regulation (EC) No 2368/2002,



14A) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by

Act No. 85/2004 Sb.



15) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended.



16) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended.



17) Act No. 368/1992 Coll., on administrative fees, as amended

regulations.